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Rose Marie Nieswiadomy, Catherine Bailey - Foundations of Nursing Research. 7th ED-Pearson (2018) 2
Rose Marie Nieswiadomy, Catherine Bailey - Foundations of Nursing Research. 7th ED-Pearson (2018) 2
Objectives
On completion of this chapter, you will be prepared to:
1. Summarize the development of ethical codes and guidelines.
2. Describe the role of institutional review boards.
3. Cite examples for the elements of informed consent.
4. Discuss how integrity in research is promoted.
5. Analyze issues that threaten integrity in research among nurse researchers.
6. Explain the role of the nurse researcher as a patient advocate.
Historical Overview
During 1942 and 1943, World War II prisoners’ wounds were deliberately infected with bacteria. Infection
was caused by forcing wood shavings and ground glass into the wounds. Sulfanilamide was then given to
these prisoners to determine the effectiveness of this drug. Some subjects died, and others suffered serious
injury. The so-called subjects for these experiments were prisoners in the German concentration camps.
Many nurses participated in these unethical experiments; others found ways to avoid participation, such
as becoming pregnant or asking for transfers to other assignments (Bonifazi, 2004).
42
Ethical Issues in Nursing Research 43
Between June and September 1944, photographs and body measurements were taken of 112 Jewish
prisoners. They were then killed, and their skeletons defleshed. One purpose of this study was to deter-
mine if photographs from live human beings could be used to predict skeletal size. The skeleton collection
was to be displayed at the Reich University of Strasbourg (Nuremberg Military Tribunals, 1949). As other
atrocities committed for the sake of research are too numerous and gruesome to list here, a more detailed
record of these studies may be found by searching Nuremberg Trials from the home page of the Military
Legal Resources in the Archives of the U.S. Library of Congress website.
How could such atrocities be committed in the name of science? Some of these studies were based on
the rationale that the victims were not “real” people like the Germans. During that time in history, the lead-
ership of the Third Reich viewed the German race as superior, and it was believed that this race would one
day rule the world.
Widespread knowledge about unethical research conducted in Germany was obtained immediately
after World War II. However, it was not until the early 1980s that the public became informed about the
atrocities committed in Japan during that same period. It appears that a conspiracy between U.S. govern-
ment leaders and the Japanese may have prevented this material from being made public (Shearer, 1982).
To obtain the results of the Japanese experiments, immunity was granted to Shiro Ishii, commander of
the Japanese biological warfare unit, and his subordinates. The silence was first broken in 1975 when a
Japanese film producer, Haruko Yoshinaga, tracked down 35 people involved in the incidents. Japanese
and American writers then began demanding information from the Pentagon under the Freedom of Infor-
mation Act. Shearer revealed some of these horrible experiments:
1. Infecting women prisoners with syphilis, having them impregnated by male prisoners, then dissecting
the live babies and mothers.
2. Draining the blood from prisoners’ veins and substituting horse blood.
3. Exploding gas gangrene bombs next to prisoners tied to stakes.
4. Vivisecting prisoners to compile data on the human endurance of pain (p. 10).
In 1995, six former members of the Japanese biological warfare unit published a book, The Truth about
Unit 731, to tell about the atrocities that they had seen or heard about (Japanese Book Details Scientific
Atrocities, 1996).
Hammond, 1971). The researchers defended the project by proposing that the vast majority of the children
would acquire the infection anyway while at Willowbrook and that it would be better for them to acquire
the disease under carefully controlled conditions. They then tried to treat them with gamma globulin anti-
bodies. In order to learn more about this topic enter the search criteria Willowbrook Hepatitis Study in your
internet browser.
In July 1963, doctors at the Jewish Chronic Disease Hospital in Brooklyn, New York, injected live can-
cer cells into 22 elderly patients. The study was designed to measure patients’ ability to reject foreign cells.
The patients were told that they were being given skin tests (Katz, 1972).
FOUNDING PRINCIPLES OF ETHICAL RESEARCH The present ethical standards used in nursing
research, and in research conducted by other disciplines, are based on the guidelines developed after
World War II. The atrocities committed in the German prison camps led to the Nuremberg Trials after the
war. The 1947 Nuremberg Code resulted from the revelations of unethical human behavior that occurred
during the war (Nuremberg Military Tribunals, 1949). This code seeks to ensure that several criteria for
research are met, including the following:
Many other ethical codes have been developed since the Nuremberg Code. On December 10, 1948, the
General Assembly of the United Nations adopted the Universal Declaration of Human Rights. The full text
of this document is available on the United Nations website under the title Universal Declaration of
Human Rights.
The World Medical Association (WMA) adopted the Declaration of Helsinki Ethical Principles for
Medical Research Involving Human Subjects during its General Assembly in Helsinki, Finland, in 1964.
Revised several times, the latest revision was amended in 2013. This information may be found at the
WMA website.
In 1978, the National Commission for the Protection of Human Subjects of Biomedical and Behavioral
Research was formed. The goals of this commission were to (a) identify basic ethical principles that should
guide the conduct of research involving human subjects, and (b) develop guidelines based on principles
that had been identified. The report published by this commission in 1979 was titled the Belmont Report
and named after the Belmont Conference Center where the document was drafted. The full text of this
document is located at the U.S. Department of Health and Human Services (DHHS) website. The Belmont
Report identified basic principles related to research subjects and how the principles to conduct research
Ethical Issues in Nursing Research 45
lead to considerations associated with informed consent of the participant, a risk/benefit assessment of
the study, and the selection of the subjects of research. The three basic principles related to research sub-
jects are:
1. Respect for Persons. Research subjects should have autonomy and self-determination.
2. Beneficence. Research subjects should be protected from harm.
3. Justice. Research subjects should receive fair treatment.
The U.S. Department of Health, Education and Welfare (HEW), now the DHHS, published general
guidelines for research in 1981. The guidelines evolved into the Federal Policy for the Protection of Human
Subjects or the “Common Rule” and then became codified in the Code of Federal Regulations (CFR) 45
Part 46. This CFR addresses the basic DHHS Policy as well as additional protections for pregnant women,
human fetuses, neonates, children, and prisoners involved in research. Any institution that receives federal
money for research must abide by the DHHS guidelines or risk losing federal money. The Office of Human
Research and Protections (OHRP) operates under the authority of the DHHS and assists the research com-
munity in conducting ethical research that is in agreement with federal policy. On a local level, an institu-
tional review board (IRB) or committee performs an ethical review of the proposed research studies. More
information about this topic may be found at the home page of the OHRP, which is located at the DHHS
website.
As most of you know, research has been conducted most often on men. This practice cannot continue.
In the past, women typically were not included in research. Public Law 103-4, passed in 1993, requires that
researchers recruit women and minorities for their studies. Consequently, the NIH now requires women
and members of minorities to be included in federally funded research unless there is a compelling reason
to exclude them based on threats to their health or the purposes of the research (Committee on Ethics,
2015). Despite the fact that there have been ethical concerns about research among fertile women, the
committee-based representatives of the American College of Obstetricians and Gynecologists (ACOG)
concluded that the potential for pregnancy should not automatically exclude a woman from participating
in a study (Committee on Ethics, 2015). They remarked that the fact that men and women have biologic
differences suggests that the findings of studies that have been generated from male-only studies might
not be appropriately generalizable to women.
It is also appropriate to note here that an investigative plan that does not fit the definition of research
with human subjects may not need to be submitted for IRB review. One contested example of this notion
relates to quality improvement (QI) initiatives that focus on ongoing and iterative efforts to provide the
delivery of efficient and safe patient care in clinical settings (Ogrinc, Nelson, Adams, & O’Hara, 2013). Our
current scope does not allow a detailed discussion on the differences between QI and clinical research with
human subjects. However, Ogrinc et al. (2013) have developed an instrument that provides a way to com-
pare and contrast the general attributes of each type of research activity for IRB review purposes. Some
attributes associated with QI relate to (a) improvements in healthcare that are not consistently being imple-
mented at a specific site, (b) plans for interventions and analysis within a specific system, (c) specifying a
potential local institutional benefit, (d) risks that are limited to privacy or confidentiality of health informa-
tion and not physical or psychological harm, and (e) system-level outcomes that are specific to the setting
(Ogrinc et al., 2013).
Some attributes associated with clinical research with human subjects relate to a focus on (a) a pro-
posal to develop new knowledge, (b) a plan for a protocol or intervention that is specifically defined and
that may provoke minimal physical, psychological, or emotional risk as well as risk of confidentiality to
the participants, (c) an analysis that depends on a comparison between the participants in the study, (d) a
potential benefit to society in general, (e) an intervention that can inform future practices, and (f) results to
be published through a peer-reviewed process (Ogrinc et al., 2013).
IRB Review
IRB approval is a necessity for investigators who wish to do research with human subjects. The type of IRB
review depends on the anticipated risk of potential harm to the human subjects during the research study.
An IRB review may be identified as exempt, expedited, or a full review (DHHS, 2009). A research study
could be identified as exempt from requiring IRB review when educational testing or survey procedures
do not link the subjects’ responses with their identities and the disclosure of their data could not reason-
ably place the subjects at risk of harm. An example of research that is exempt from the regulations that
require IRB oversight could be a survey that asks the respondents to anonymously respond to questions
about attitudes or opinions about some nonsensitive topic (DHHS, 2009).
Ethical Issues in Nursing Research 47
An expedited review would include a research study protocol that might cause minimal risk to a par-
ticipant who may identify one’s self while responding to survey questions that may relate to somewhat
sensitive material. An example of a study that qualifies for an expedited review could be a study that exam-
ines how a participant responds to a specific type of exercise to strengthen muscles. Finally, a full review
with a quorum of the IRB voting for approval of the study would be expected for a research study that
involves more than minimal risks to the participant. This type of IRB review would be necessary if the study
included members from a vulnerable population such as pregnant women, children, fetuses, and infants.
1. A statement that the study involves research with an explanation of the purposes of the research,
a description of the procedures to be implemented, and the duration of the participant’s activities
2. A description of any foreseeable risks or discomforts
3. A description of any benefits to the subject or to others
4. A disclosure of appropriate alternative procedures that might help the participant, in the case of
a study with therapeutic interventions
5. A statement describing how confidentiality of the participant’s records will be maintained
6. An explanation of how unforeseeable injuries will be handled
7. An explanation of whom to contact for answers to questions relevant to the study
8. A statement that participation is voluntary and that refusal to participate or the prerogative to with-
draw from the study will be assured without negative consequences at any time.
Many researchers prefer not to conduct studies in which the researcher is not completely candid with
subjects before the beginning of the study. Under these circumstances, subjects have the right to be fully
informed at the conclusion of the study during debriefing, and to be given an opportunity to withdraw consent
for their data to be included in the study results. Debriefing involves a meeting with research participants that
ensures their understanding of the reasons and justification for the procedures that were used in the study.
Description of Benefits
The Nuremberg Code set the requirement that research must be for the good of society. All research, even
basic research that is conducted primarily to obtain new knowledge, must have the potential to benefit
society. In describing benefits to potential subjects, the investigator should describe both those applicable
to the people involved in the study as well as how the results could benefit others. In a study involving the
use of play therapy before physical examinations of preschool children, the mothers of the potential sub-
jects were told that the potential benefits included possible reductions in anxiety of the children during the
physical examinations, better cooperation during the procedures, and, therefore, more accurate results
from the examinations (Simpson, 1985). Mothers also were told that these results would help nurses in the
future to better prepare preschool children for physical examinations.
Monetary compensation, or any other type of compensation, should be described to potential subjects.
Any time compensation is being provided in a study, the possibility exists that biased results may be
obtained. Participants may try to perform in a manner that they believe will fulfill the researcher’s expecta-
tions. Nevertheless, researchers frequently use small monetary incentives as enticements for potential sub-
jects. One good example of this is seen in the various types of market research that are conducted around
the United States. To control for biased responses, participants are usually not told which of the compari-
son products is the focus of the study. In nursing research, the researcher should avoid monetary compen-
sation, if possible. Participant compensation should come from those items listed under potential benefits.
However, it is acceptable for the researcher to cover the cost of such items as laboratory tests and travel
expenses for the participants.
The Hawthorne effect is a phenomenon that brings about changes in subjects because they are aware
that they are participants in a study. For this reason, it is becoming increasingly common to provide some type
of alternative activity for the control group to make them feel they are actually study participants. Frequently,
as part of the explanation given before the study, the researcher tells the control group that the experimental
treatment will be available to them on completion of the study. If the control group is really a comparison
group, in that these subjects are receiving some alternative or routine treatment, the subjects in the experi-
mental group could also be offered this alternative or routine treatment at the conclusion of the study.
reading the written explanation of a study. Many potential research subjects are concerned with the use of
study findings. Will their employers get a copy of the results? Will the study results be published? How
can they find out the results? Although the researcher probably does not know for sure if the study results
will ever be published, the researcher’s publication plans (and desires) must be indicated.
Research subjects should always be given the opportunity to obtain the study results. This does not
mean that a copy must be sent to all participants. In fact, many participants are not interested in the results.
It is, therefore, appropriate for the researcher to place some of the responsibility for obtaining results on
the study subjects. A comment such as the following may be included in the consent information: “A copy of
the study results may be obtained by writing or calling the researcher.” Of course, this would necessitate the
inclusion of a phone number or a mailing address or email address where the researcher could be reached at
the conclusion of the study. The approximate date when results will be available should also be provided.
experiment, even when they thought they were administering lethal shocks. Responses of discomfort
among the subjects who were administering the supposed electrical shocks included sweating, trem-
bling, and stuttering. One subject had a convulsive seizure. This study demonstrates deception by the
researcher and this type of misinformed consent is a morally unacceptable breach of trust (Baumrind, 2015).
In the case of this study, volunteers were recruited to participate in a study of memory and learning; once
recruited, they were told they would be teachers who would punish the learners with increasingly
powerful electric shocks when the learner made mistakes. During debriefing, the volunteers were told
that the shocks were not as painful as they seemed despite the fact that there were no shocks delivered
(Baumrind, 2015).
Integrity in Research
The Office of Research Integrity (ORI) is supported by the U.S. Public Health Services (PHS). This organi-
zation promotes integrity in biomedical and behavioral research among institutions that receive research
funds from the PHS. The ORI has jurisdiction over allegations of research misconduct that are deemed to
be credible and significant. Research misconduct consists of fabrication of the data or results, falsification
of data and results, or plagiarism. Research misconduct can occur at any stage of the research project from
the time of submission of the proposal to dissemination of the findings (Bierer & Barnes, 2014). Once an
allegation of research misconduct is reported, the ORI is charged to investigate the researcher and report
its findings. For example, a recent ORI 2012 Annual Report listed 423 allegations of misconduct from 6714
funded institutions with 14 ORI findings of investigator-related research misconduct. More details about
this topic may be viewed at the Office of Research Integrity website.
A review of the ORI files for research misconduct indicates that there are not many recorded cases of
scientific misconduct among nursing research studies. However, in January 2010 a former professor at a
school of nursing was issued a final notice of debarment based on falsified data on a research study that
involved an intervention to reduce sexual risk behaviors in high risk, impaired populations of homeless
men with mental illness (ORI Annual Report 2010). More recently in Great Britain, the Nursing and Mid-
wifery Council suspended a specialist nurse for fabricating data for a research study that compared the
effectiveness of different catheters that were used for patients receiving chemotherapy. Instead of reporting
on data associated with 300 different catheter insertions, the nurse reported on the effects found in 300 dif-
ferent patients (Stephenson, 2015).
Following a review of the literature that focused on the promotion of research integrity, Fierz et al.
(2014) also discovered a lack of published examples of research misconduct (RM) in the field of nursing
science. However, based on the prevalence and risks of RM that were identified among other fields of
health professionals, the authors concluded that there was reason to raise awareness of the ways in which
scientific integrity could be compromised in nursing research. The authors described the major forms of
RM as data fabrication, data falsification, and plagiarism.
Data fabrication refers to making up data for the purpose of deception, while data falsification refers
to the willful distortion of the results of the study or the reported collection of the data (Fierz et al., 2014).
Plagiarism refers to the near or verbatim copying of texts or ideas without identifying the original source
of the citation (Fierz et al., 2014). Other forms of misconduct that could compromise the integrity of nurs-
ing science relate to the inappropriate management of data; publication-related misconduct; and failure to
disclose conflicts of interest, ghostwriting, and authorship issues (Fierz et al., 2014). Authorship issues
relate to the criteria that qualify a person to be included as an author in the publications associated with the
research. A ghostwriter is someone who authors a text that is credited to another person.
In this day of promoting evidence-informed practice protocols, corporations may be interested in
certain projects that may match their companies’ interests with products associated with healthcare
52 Chapter 4
interventions. Conflicts of interest (COI) in research may occur when nurses receive payments from com-
panies that also sponsor their research (Lach, 2014). When the research is associated with the use of a
company’s product, there is a risk that this type of relationship could create a bias that relates to the
results and dissemination of the findings of the study. In response to this risk, federal regulations now
require universities to obtain disclosures from researchers about any financial relationships that they may
have with industry and to also manage the requirements that will mitigate the possible effects of bias
(Lach, 2014).
There are situations where researchers may want to conduct a study in which their own patients will
be the subjects, or the patients’ charts are necessary for data collection. In this case, the researcher must
approach the research setting as a complete stranger. If research is being conducted, permission must be
obtained to use patients’ records, even if the nurse has full access to the record in clinical practice. For cases
such as this, the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule provides fed-
eral protections for individually identifiable health information held by covered entities and their business
associates, and gives patients an array of rights with respect to that information. This provides for the
unauthorized use and disclosure of a person’s medical and health information. Authorization for use and
disclosure must be obtained in writing from the person involved. This requirement pertains both to health-
care and to research conducted in a healthcare setting. Researchers may be required to obtain the person’s
signature on a separate document or integrate the information into the research informed consent docu-
ment that potential research subjects must sign. A summary of the HIPPA Privacy Rule may be found on
the U.S. Department of Human and Health Services website.
a new strategy to manage a disease or improve health. In this type of case, a potential participant may be in
an extraordinary situation of dependency on the researcher and be at risk of exploitation (Schrems, 2014).
Nurses should consider protecting the interests of the patients who have agreed to be in the studies
(Pick et al., 2013). Although the lead investigator often acquires informed consent, nursing advocacy entails
an ethical obligation to also evaluate and communicate the participant’s understanding of the study as
well as answer questions that will support the needs of the patient (Bristol & Hicks, 2014; Pick et al.).
Additionally, nurses who are in dual roles of healthcare provider and researcher must be especially careful
of risks associated with conflicts of interest between the participant’s care and the needs of the research
intervention (Bristol & Hicks, 2014). Bristol and Hicks have also stated that nurses who are not a part of the
research team should also familiarize themselves with any clinical trials that are being conducted in their
work setting in order to be aware if a participant should want to withdraw from participating in the study.
Bristol and Hicks (2014) state that successful clinical research outcomes are an important part of
improving patient care. This idea implies that nurse researchers are equipped with the knowledge neces-
sary to develop and implement quality research projects. A significant concern with this goal rests on
becoming informed about the ethical issues associated with clinical research. This chapter provides an
overview of some of the issues surrounding the development of an ethical approach to the promotion of
clinical research.
Summary
Many unethical studies were conducted during Informed consent means that subjects agree to
World War II, particularly in the prison camps in participate in studies about which they have com-
Germany. Unethical research studies have also plete understanding before the study begins. The
been revealed here in the United States. major elements of informed consent concern the
Because of the public outcry against the atro- researcher’s qualifications, subject selection pro-
cities committed in Germany in the 1940s, the cess, purpose of the study, study procedures,
Nuremberg Code was developed in 1947. This code potential risks and benefits to subjects, compensa-
calls for voluntary subjects and qualified resear- tion, alternative procedures, anonymity and confi-
chers. Other ethical codes have been formulated dentiality, right to refuse to participate, offer to
since World War II. Many professional groups have answer questions, and means of obtaining study
developed codes for their members. results. Debriefing involves a meeting with
The federal government developed research research participants after the study is completed.
guidelines in the early 1970s, and these guidelines The purpose is to ensure subjects’ understanding
have been revised several times. The original of the reasons and the justification for the proce-
guidelines called for the creation of institutional dures used in the study.
review boards (IRBs) to be established in all agen- Anonymity means that no one can identify the
cies that receive federal money for research. IRBs subjects in a study. Confidentiality means that the
review research proposals and set standards for researcher will protect the subjects’ identities.
research conducted in their agencies. The nurse researcher must act as a patient
In 1968, the American Nurses Association advocate, particularly in clinical trials. This advo-
developed a set of guidelines for nursing research. cacy involves protecting patients’ privacy and dig-
These guidelines, Human Rights Guidelines for nity and ensuring that there are no undue physical
Nurses in Clinical and Other Research, were revised or psychological risks to subjects. Particular atten-
in 1975 and 1985. The American Nurses Associa- tion should be given to the rights of certain vulner-
tion published another set of guidelines in 1995, able groups, such as children, geriatric clients,
Ethical Guidelines in the Conduct, Dissemination, and prisoners, and unconscious or sedated patients. If a
Implementation of Nursing Research. child is older than 7 years, the child must give
The principal means for ensuring the rights of assent to participate in a study.
research subjects is through informed consent.
Self-Test
1. What activities committed during World War II 2. Which publication revealed the various types
triggered the need for the Nuremberg Trials? of experiments on biological warfare in Japan
A. atrocities committed for the sake of research during World War II?
B. abuses committed on military prisoners in A. the Tuskegee Study
Japan B. The Truth about Unit 731
C. atrocities committed in the labor camps in C. the Nuremberg Code
Germany D. the Universal Declaration of Human Rights
D. the need to establish guidelines for researchers